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PEOPLE v. CARROLL

117 A.D.2d 994 (1986)

The People of the State of New York, Respondent, v. James M. Carroll, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 21, 1986

Judgment unanimously affirmed.

Memorandum:

The hearing court properly denied defendant's motion to suppress the results of a test which indicated there was .26% by weight of alcohol in defendant's bloodstream. The record supports the court's finding that defendant consented to the blood test (see, People v Dycha, 98 A.D.2d 966). Results of a blood test taken with defendant's consent are admissible in a prosecution...

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